A two-judge panel of the Ninth Circuit Court of Appeals has granted a motion filed by three Wal-Mart assistant managers (AMs) that will allow the AMs to file an appeal from a District Court order denying class certification of the AMs' overtime, meal period, and rest period claims.
District Court Judge Dale Fisher denied class certification of the action on May 5, 2006, and the AMs asked the Ninth Circuit for permission to appeal that decision. Today, the Ninth Circuit agreed to allow the AMs to appeal. Chief Judge Mary Ms. Schroeder and Circuit Judge Stephen Reinhardt signed the order.
"This is a tremendous victory for our clients and all of Wal-Mart's employees," said the AMs' attorney, Steven G. Pearl of The Pearl Law Firm in Los Angeles. "We are confident that the Ninth Circuit will reverse the decision to deny class certification, and this case will go forward as a class action on behalf of all AMs employed in California."
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